[HISTORY: Adopted by the Town Board of the Town of Forestburgh 7-13-1978 by L.L. No. 1-1978. Amendments noted where applicable.]
The purpose of this chapter is to provide for the removal or repair
of buildings in business, industrial and residential sections that, from any
cause, may now be or shall hereafter become dangerous or unsafe to the public.
When, in the opinion of the Code Enforcement Officer of the Town of
Forestburgh, who is hereby appointed by the Town Board of the Town of Forestburgh
for the purpose of enforcing this chapter, any structure located therein shall
be deemed to be dangerous or unsafe to the public, said Code Enforcement Officer
shall make a formal inspection thereof and report in writing to the Town Board
of the Town of Forestburgh his findings and recommendations in regard to the
building's removal or repair.
The Town Board shall thereafter consider said report, and, if it finds
from said report that there is ground to believe that such building or buildings
are dangerous or unsafe to the public, the Town Board, by resolution, shall
order its removal or repair, if the same can be safely repaired, and further
order that a notice shall be personally served upon the owner or some one
of the owner's executors, legal representatives, agents, lessees or any other
person having a vested or contingent interest in the premises, as shown by
the last preceding assessment roll of the Town and/or by the records of the
Sullivan County Clerk's office; if no such person can be reasonably found,
then by mailing a copy of such notice to such person or corporation by registered
mail, addressed to his last known address and by securely posting a copy of
such notice upon said premises.
[Amended 4-6-1989 by L.L.
No. 2-1989]
A.
Contents of notice. Said notice shall contain the following
statements:
(1)
A description of the premises.
(2)
A statement of the particulars in which the building
or structure is unsafe or dangerous.
(3)
An order requiring the same to be made safe and secure
or removed.
(4)
That the securing or removal of said building or structure
shall commence within 30 days of the service of the notice and shall be completed
within 60 days thereafter.
B.
Notice of hearing. Such notice shall further provide
that in case the owner and such persons having an interest in the property
or structure as herein prescribed wish to contest the order, that a hearing
will be held before the Town Board at a time and place specified and that,
in the event such owner or persons having an interest shall fail to contest
such order and fail to comply with the same, the Town Board will order the
repair or removal of such building or structure by the Town and that the Town
will assess all costs and expense incurred by the Town in the removal of such
building or structure against the land on which such building or structure
is located.
[Amended 4-6-1989 by L.L.
No. 2-1989]
A copy of the notice served in accordance with § 74-3 shall be filed in the Sullivan County Clerk's office, which notice shall be filed with such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon order of a Judge or Justice of a court of record or upon the consent of the Town Attorney. The Sullivan County Clerk shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
[Amended 4-6-1989 by L.L.
No. 2-1989]
At the time and date specified in § 74-4, Notice to repair or demolish, the Town Board shall conduct the public hearing. It may adjourn from time to time until the hearing is completed and until all interested parties are heard. At the conclusion of the hearing, the Town Board shall determine to revoke the order to repair or remove or to continue said order and direct the owner and other persons to complete the work within a specified time which shall be reasonable as to the time needed to perform the work and the necessity to protect the general public.
[Amended 4-6-1989 by L.L.
No. 2-1989]
In the event that the owner and persons in interest shall fail to comply
with the final order of the Town Board to make such building safe and secure
or removed, the Town Board shall order such building or structure to be made
safe and secure or removed and assess all the costs and expenses, including
the cost of actually removing such building or structure, against the land
on which such building or structure is located at the same time and in the
same manner as general Town taxes.
In cases of great emergency, where the delay of proceedings as herein before provided would result in probable loss of life or property, the Town Board shall have the power to proceed at once to take such action as is needed to guard the safety of persons and property. In such cases, the Town Board shall have the full power and authority to provide all necessary means therefor, and all expenses therefor shall be paid and collected as provided in § 74-7 hereof and in Article 5, § 78-b of the General Municipal Law of the State of New York.
